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by Skiprr
Wed Jan 27, 2010 1:17 am
Forum: General Texas CHL Discussion
Topic: New Here- Pre- Trial Diversion Question
Replies: 4
Views: 4509

Re: New Here- Pre- Trial Diversion Question

A real attorney will come along soon, but IMHO you should be just fine. I would, however, want a letter from the county clerk stating that all charges were dismissed.

A pre-trial diversion is really a program designed for "intervention" that is administered by a department, municipality, county, or a combination that allows supervision (and possible testing for controlled substances) without conviction or deferred adjudication. What that really means is that how--or even if--such a program is operated is up to the local/county entity involved. It's only sparsely addressed in GC §76.011, and "pretrial services" like that don't even have to be offered by the county (etc.); it's an optional thing.

It is in no way the same as deferred adjudication or deferred prosecution. My understanding is that it is, essentially, a deal reached between the prosecutor and defendant that, if certain conditions are met during a period that cannot exceed two years, the case will be dismissed.

But the arrest does have to be reported on your application, so if it were me I would want to obtain that letter from the county clerk. I don't think (again, just opinion) that your application will be in danger of being denied, but without the letter describing disposition you may encounter a delay.

Welcome to the Forum!

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